Kerala High Court
Abraham Mathew Vettoor vs State Of Kerala on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
BAIL APPL. NO. 10215 OF 2022
PETITIONERS/ACCUSED NOS. 1, 3, 7 AND 8:
1 ABRAHAM MATHEW VETTOOR
AGED 68 YEARS
S/O MATHEW VETTOOR,, VETTOOR HOUSE, OPP. KSRTC STAND,
M.C. ROAD, ETTUMNOOR, KOTTAYAM DISTRICT-, PIN - 686631
2 JOSE MATHEW
AGED 71 YEARS
S/O MATHEW VETTOOR,, VETTOOR HOUSE, KOZHA P.O.,
KURAVILANGAD, KOTTAYAM DISTRICT, PIN - 686633
3 AJI JOSEPH
AGED 55 YEARS
S/O M.M. JOSEPH, , MUNDAMATTOM HOUSE, POOVARANY P.O.,
PALA, KOTTAYAM DISTRICT-, PIN - 686577
4 KOCHUTHRESSIAMMA JOSEPH
AGED 65 YEARS
W/O ABRAHAM MATHEW, , VETTOOR HOUSE, OPP. KSRTC STAND,
M.C. ROAD, ETTUMANOOR, KOTTAYAM DISTRICT, PIN - 686631
BY ADVS.
BONNY BENNY
M.RAMESH CHANDER (SR.)
BALU TOM
GOVIND G. NAIR
BEJOY JOSEPH P.J.
RESPONDENTS/COMPLAINANT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 THE STATION HOUSE OFFICER
ETTUMANOOR POLICE STATION,
KOTTAYAM DISTRICT, PIN - 686631
BY SMT. SEETHA S. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. No. 10215 of 2022 2
VIJU ABRAHAM , J.
===========================
Bail Appln. No. 10215 of 2022
============================
Dated this the 22nd day of December, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioners are accused Nos. 1, 3, 7 and 8 in Crime
No. 1093/2022 of Ettumanoor Police Station, Kottayam District
alleging commission of offences punishable under Sections 419,
465, 438, 420 and 120 B read with Section 34 of the Indian Penal
Code.
3. The prosecution allegation is that, accused Nos.1 to 11
entered into a conspiracy and a power of attorney was executed
in favour of the 2nd petitioner by one Mr.Ouseph in the year 1996
impersonating one Mr.Ponnan and thereafter transferred the said
property to the fifth accused based on the power of attorney and
thereby the accused have committed the aforesaid offences.
4. Heard the learned counsel for the petitioners and the
learned Public prosecutor.
5. The learned counsel for the petitioners submitted that the
petitioners have been falsely implicated in the aforesaid crime
and the allegation is that the alleged incident ie., the power of
attorney was executed in the year 1996. The defacto complainant
has arrayed 11 persons who are his close relatives including
paternal uncles, elder brothers, sister in law and her brother and
brother- in- law to wreck his vengeance.
6. The learned Public Prosecutor upon instructions
submitted that the petitioners were issued notice under Section
41A Cr.P.C and they have appeared before the investigating officer
on 09.12.2022.
7. Considering the facts and circumstances of the case and
the nature of the allegations and taking into consideration that
the alleged incident happened as early as in the year 1996, I am
of the opinion that custodial interrogation of the petitioners may
not be required for the purpose of the investigation and only a
limited custody be granted for the same, I am inclined to grant
anticipatory bail to the petitioners.
In the result, this application is allowed. The Petitioners shall
surrender before the Investigating Officer in Crime No. 1093/2022
of Ettumanoor Police Station on 07.01.2022 at 11 AM and shall
make themselves available for interrogation. The petitioners shall
co-operate with the investigation. In the event of arrest of the
petitioners in Crime No. 1093/2022 of Ettumanoor Police Station,
the petitioners shall be produced before the jurisdictional Court on
the very same day and shall be released on bail subject to the
following stringent conditions.
(i) The petitioners shall execute a bond for a sum of
Rs.50,000/- (Rupees fifty thousand only) each with two
solvent sureties each for the like-sum to the satisfaction
of the Jurisdictional Court;
(ii) Petitioners shall report to the Investigating Officer as and
when required for the investigation.
(iii) The petitioners shall not attempt to influence the defacto
complainant or interfere with the investigation or to
influence or intimidate any witness in Crime No.
1093/2022 of Ettumanoor Police Station;
(iv) The petitioners shall not involve in any other crime while
on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No. 1093/2022 of Ettumanoor Police
Station may file an application before the jurisdictional Court, for
cancellation of bail.
It is made clear that it is within the power of the police
to investigate the matter and if necessary to effect recoveries
on the information if any given by any of the petitioners even
when the petitioners are on bail as per the judgment of the
Apex Court in Sushila Aggarwal and others v. State (NCT of
Delhi) and another (2020 (1) KHC 663).
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
